Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2024
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸14 members spoke13 support1 mixed
Supports the workers compensation reforms, noting the Queensland WorkCover system is excellent and endorsing the 54 recommendations from the 2023 review.
“In conclusion, this side of the House approves of the bill.”— 2024-08-22View Hansard
As Minister, introduced and strongly supported the bill, highlighting nation-leading workers compensation reforms, expanded deemed diseases for firefighters from 12 to 22, protections for gig workers, and enhanced psychological injury support.
“Queensland's workers compensation scheme provides nation-leading coverage and benefits to support injured workers and their families at the lowest possible cost to Queensland employers.”— 2024-08-21View Hansard
Strongly supports the bill as Minister for Fire and Disaster Recovery, highlighting the expansion of presumptive cancer provisions for firefighters and Rural Fire Service volunteers to include 10 additional diseases.
“These changes will mean Queensland firefighters will have the most comprehensive list of deemed diseases of all workers and jurisdictions in the country.”— 2024-08-22View Hansard
Supported the bill overall, including expanded deemed diseases for firefighters (noting LNP introduced the original presumptive legislation), gig worker provisions, and worker information statements, while foreshadowing amendments for 24-hour notice requirements for entry permit holders.
“The LNP will be supporting the workers compensation bill as it goes through tonight. There are some good amendments in there.”— 2024-08-21View Hansard
Strongly supports both bills, praising the protections for firefighters and the role of unions in driving workplace safety reforms.
“Of course I will support these bills. Of course I will support workers right across Queensland.”— 2024-08-22View Hansard
Strongly supported the bill's provisions for psychological injury support, expanded firefighter deemed diseases, worker rights to choose treating practitioners, and rehabilitation planning requirements.
“I am proud that this bill builds upon the government's record of supporting our firefighters and recognises the enormous contribution they play in our community by assisting them to access support quickly when they need it most.”— 2024-08-21View Hansard
Supports extending workers compensation to gig economy workers, though criticised both major parties for allowing Uber to enter Queensland and undermine the regulated taxi industry in the first place.
“This is the lowest form of labour hire imposed on people who were trying to make a dollar. Multinationals like Uber came in and sucked the life out of the opportunity that taxidrivers had.”— 2024-08-22View Hansard
Supported the bill's expansion of firefighter deemed diseases from 12 to 22, including cancers affecting women, and amendments to the Labour Hire Licensing Act for human rights alignment.
“The Miles government prioritises the safety of every worker by ensuring they can return home safely at the end of each shift.”— 2024-08-21View Hansard
Supports the bill as committee chair, praising the protections for firefighters and gig economy workers.
“I think the additional protections the bill will provide our firefighters are fantastic.”— 2024-08-22View Hansard
Strongly supported the bill's extension of coverage to gig workers, workers' rights to choose treating doctors without employer presence, expanded firefighter deemed diseases including cancers affecting women, and mandatory return-to-work plans.
“It is absolutely crazy to think that an employer or insurer would be present during medical treatment. That not only interferes with the basic fundamental privacy rights of a person undergoing or receiving any health care; it completely disempowers them.”— 2024-08-21View Hansard
Supports the bill as part of Labor's strong history of worker safety legislation, praising protections for firefighters and extended workers compensation coverage.
“I am really pleased that the Miles government has a strong history of putting worker safety front and centre.”— 2024-08-22View Hansard
Supported the amendments foreshadowed by the member for Kawana but criticised the Labor government for using industrial relations legislation to benefit affiliated unions at the expense of smaller and independent unions.
“I again record my disgust at the partisan use of the levers of government to advantage the trade union movement, which financially and politically supports all of the members of the Labor Party over there.”— 2024-08-21View Hansard
As Minister, supported the bills and explained the provisions for gig workers would allow coverage once the federal Fair Work Commission makes determinations about worker status.
“We will be acting as soon as we can to get a consistent national approach. If they want to be independent contractors and the commission deems they are independent contractors, then they do not meet the definition of worker. Should that be reversed, we then have the ability to go in and cover them.”— 2024-08-22View Hansard
Strongly supported the bill, particularly the extension of presumptive legislation for firefighters and coverage for gig workers, sharing a personal story about his nephew's injury as a food delivery worker.
“The trade union movement and the Australian Labor Party have been conspiring to continue to fight for gig workers and all workers to ensure that they are safe at work and if they do get injured at work they are properly compensated.”— 2024-08-21View Hansard
Plain English Summary
Overview
This bill implements 26 recommendations from the 2023 Review of Queensland's workers' compensation scheme to improve support for injured workers. It requires faster rehabilitation planning, prevents secondary psychological injuries, expands cancer protections for firefighters, and creates a framework for future gig worker coverage. The bill also increases parental leave entitlements and requires superannuation contributions for Queensland public sector employees.
Who it affects
Injured workers benefit from faster payments and more control over their rehabilitation. Firefighters gain easier access to compensation for occupational cancers. Employers and insurers face stronger compliance requirements. Parents in the state public sector gain more flexible leave options.
Workers' compensation improvements
Strengthens the workers' compensation scheme by requiring faster rehabilitation plans, preventing secondary psychological injuries, and giving workers more rights including choosing their own rehabilitation provider. Creates faster default payments so injured workers aren't left waiting.
- Rehabilitation and return-to-work plans must be in place within 10 business days of a claim being accepted
- Insurers must take reasonable steps to prevent physical injuries becoming secondary psychological injuries
- Workers can choose a different rehabilitation provider if dissatisfied with the insurer's choice
- Default weekly payments start within 5 business days while full entitlements are calculated
- Workers and employers must receive information statements explaining their rights and obligations
Firefighter cancer protections
Expands the list of cancers presumed to be work-related for firefighters from 12 to 22 diseases, recognising the World Health Organisation's classification of firefighting as carcinogenic. Firefighters diagnosed with these cancers no longer need to prove their work caused the disease.
- Ten additional cancers added: liver, lung, skin, cervical, ovarian, pancreatic, penile, thyroid cancers, mesothelioma and asbestos-related diseases
- Qualifying period for oesophageal cancer reduced from 25 to 15 years
- Day-work rotation now counts toward qualifying periods for the cancer presumption
Labour hire and gig worker protections
Requires businesses using labour hire workers to cooperate on rehabilitation. Creates a framework for extending workers' compensation to gig workers in future, linked to Fair Work Commission decisions on minimum standards.
- Host employers must cooperate with labour hire providers to support injured workers' return to work
- New regulation-making power to extend coverage to gig workers once covered by federal minimum standards orders
- Coverage for gig workers is not automatic - requires separate regulatory decision
Enforcement and penalties
Introduces new compliance tools and significantly increases penalties for employers and insurers who fail to meet their obligations, recognising the serious impact on injured workers.
- New compliance notices allow regulators to address breaches without prosecution
- Maximum penalty for failing to have workers' compensation insurance increased from 275 to 500 penalty units
- Maximum penalty for employer rehabilitation breaches increased from 50 to 500 penalty units
- New offence prohibiting employers from paying workers to avoid the compensation process
Industrial relations updates
Aligns Queensland's industrial relations framework with recent federal changes, improving parental leave entitlements and small claims processes for state public sector employees.
- Unpaid flexible parental leave increased from 30 to 100 days
- New late-term pregnancy leave available in the 6 weeks before expected birth
- Superannuation contributions now required under Queensland Employment Standards
- Small claims threshold for unpaid wages increased from $50,000 to $100,000